(a) Civil penalty for violation of mandatory health or safety
standards
(1) The operator of a coal or other mine in which a violation
occurs of a mandatory health or safety standard or who violates any
other provision of this chapter, shall be assessed a civil penalty
by the Secretary which penalty shall not be more than $50,000 for
each such violation. Each occurrence of a violation of a mandatory
health or safety standard may constitute a separate offense.
(2) The operator of a coal or other mine who fails to provide
timely notification to the Secretary as required under section
813(j) of this title (relating to the 15 minute requirement) shall
be assessed a civil penalty by the Secretary of not less than
$5,000 and not more than $60,000.
(3)(A) The minimum penalty for any citation or order issued under
section 814(d)(1) of this title shall be $2,000.
(B) The minimum penalty for any order issued under section
814(d)(2) of this title shall be $4,000.
(4) Nothing in this subsection shall be construed to prevent an
operator from obtaining a review, in accordance with section 816 of
this title, of an order imposing a penalty described in this
subsection. If a court, in making such review, sustains the order,
the court shall apply at least the minimum penalties required under
this subsection.
(b) Civil penalty for failure to correct violation for which
citation has been issued
(1) Any operator who fails to correct a violation for which a
citation has been issued under section 814(a) of this title within
the period permitted for its correction may be assessed a civil
penalty of not more than $$5,000 (!1) for each day during which
such failure or violation continues.
(2) Violations under this section that are deemed to be flagrant
may be assessed a civil penalty of not more than $220,000. For
purposes of the preceding sentence, the term "flagrant" with
respect to a violation means a reckless or repeated failure to make
reasonable efforts to eliminate a known violation of a mandatory
health or safety standard that substantially and proximately
caused, or reasonably could have been expected to cause, death or
serious bodily injury.
(c) Liability of corporate directors, officers, and agents
Whenever a corporate operator violates a mandatory health or
safety standard or knowingly violates or fails or refuses to comply
with any order issued under this chapter or any order incorporated
in a final decision issued under this chapter, except an order
incorporated in a decision issued under subsection (a) of this
section or section 815(c) of this title, any director, officer, or
agent of such corporation who knowingly authorized, ordered, or
carried out such violation, failure, or refusal shall be subject to
the same civil penalties, fines, and imprisonment that may be
imposed upon a person under subsections (a) and (d) of this
section.
(d) Criminal penalties
Any operator who willfully violates a mandatory health or safety
standard, or knowingly violates or fails or refuses to comply with
any order issued under section 814 of this title and section 817 of
this title, or any order incorporated in a final decision issued
under this subchapter, except an order incorporated in a decision
under subsection (a)(1) or section 815(c) of this title, shall,
upon conviction, be punished by a fine of not more than $250,000,
or by imprisonment for not more than one year, or by both, except
that if the conviction is for a violation committed after the first
conviction of such operator under this chapter, punishment shall be
by a fine of not more than $500,000, or by imprisonment for not
more than five years, or both.
(e) Unauthorized advance notice of inspections
Unless otherwise authorized by this chapter, any person who gives
advance notice of any inspection to be conducted under this chapter
shall, upon conviction, be punished by a fine of not more than
$1,000 or by imprisonment for not more than six months, or both.
(f) False statements, representations, or certifications
Whoever knowingly makes any false statement, representation, or
certification in any application, record, report, plan, or other
document filed or required to be maintained pursuant to this
chapter shall, upon conviction, be punished by a fine of not more
than $10,000, or by imprisonment for not more than five years, or
both.
(g) Violation by miners of safety standards relating to smoking
Any miner who willfully violates the mandatory safety standards
relating to smoking or the carrying of smoking materials, matches,
or lighters shall be subject to a civil penalty assessed by the
Commission, which penalty shall not be more than $250 for each
occurrence of such violation.
(h) Equipment falsely represented as complying with statute,
specification, or regulations
Whoever knowingly distributes, sells, offers for sale,
introduces, or delivers in commerce any equipment for use in a coal
or other mine, including, but not limited to, components and
accessories of such equipment, which is represented as complying
with the provisions of this chapter, or with any specification or
regulation of the Secretary applicable to such equipment, and which
does not so comply, shall, upon conviction, be subject to the same
fine and imprisonment that may be imposed upon a person under
subsection (f) of this section.
(i) Authority to assess civil penalties
The Commission shall have authority to assess all civil penalties
provided in this chapter. In assessing civil monetary penalties,
the Commission shall consider the operator's history of previous
violations, the appropriateness of such penalty to the size of the
business of the operator charged, whether the operator was
negligent, the effect on the operator's ability to continue in
business, the gravity of the violation, and the demonstrated good
faith of the person charged in attempting to achieve rapid
compliance after notification of a violation. In proposing civil
penalties under this chapter, the Secretary may rely upon a summary
review of the information available to him and shall not be
required to make findings of fact concerning the above factors.
(j) Payment of penalties; interest
Civil penalties owed under this chapter shall be paid to the
Secretary for deposit into the Treasury of the United States and
shall accrue to the United States and may be recovered in a civil
action in the name of the United States brought in the United
States district court for the district where the violation occurred
or where the operator has its principal office. Interest at the
rate of 8 percent per annum shall be charged against a person on
any final order of the Commission, or the court. Interest shall
begin to accrue 30 days after the issuance of such order.
(k) Compromise, mitigation, and settlement of penalty
No proposed penalty which has been contested before the
Commission under section 815(a) of this title shall be compromised,
mitigated, or settled except with the approval of the Commission.
No penalty assessment which has become a final order of the
Commission shall be compromised, mitigated, or settled except with
the approval of the court.
(l) Inapplicability to black lung benefit provisions
The provisions of this section shall not be applicable with
respect to subchapter IV of this chapter.

This chapter, referred to in subsecs. (a)(1), (c) to (f), and (h)
to (j), was in the original "this Act", meaning Pub. L. 91-173,
Dec. 30, 1969, 83 Stat. 742, known as the Federal Mine Safety and
Health Act of 1977, which is classified principally to this
chapter. For complete classification of this Act to the Code, see
Short Title note set out under section 801 of this title and
Tables.

AMENDMENTS

2006 - Subsec. (a). Pub. L. 109-280, Sec. 1301(2), substituted
"(1) The operator" for "(1)(1) The operator" in par. (1),
substituted "subsection (a)(1)" for "paragraph (1)" in par. (2),
relating to criminal penalties, and redesignated that par. as
subsec. (d).
Pub. L. 109-236, Sec. 8(a)(1), inserted "(1)" after subsec.
heading, added par. (2), relating to criminal penalties, and added
pars. (3) and (4).
Pub. L. 109-236, Sec. 5(b), designated existing provisions as
par. (1) and added par. (2), relating to civil penalties.
Subsec. (b). Pub. L. 109-280, Sec. 1301(3), inserted par. (1) and
(2) designations.
Pub. L. 109-236, Sec. 8(a)(2), inserted at end "Violations under
this section that are deemed to be flagrant may be assessed a civil
penalty of not more than $220,000. For purposes of the preceding
sentence, the term 'flagrant' with respect to a violation means a
reckless or repeated failure to make reasonable efforts to
eliminate a known violation of a mandatory health or safety
standard that substantially and proximately caused, or reasonably
could have been expected to cause, death or serious bodily injury."
Subsec. (d). Pub. L. 109-280, Sec. 1301(2)(B)(ii), redesignated
subsec. (a)(2), relating to criminal penalties, as (d).
Pub. L. 109-280, Sec. 1301(1), struck out subsec. (d) which read
as follows: "Any operator who willfully violates a mandatory health
or safety standard, or knowingly violates or fails or refuses to
comply with any order issued under section 814 of this title and
section 817 of this title, or any order incorporated in a final
decision issued under this subchapter, except an order incorporated
in a decision under subsection (a) of this section or section
815(c) of this title, shall, upon conviction, be punished by a fine
of not more than $25,000, or by imprisonment for not more than one
year, or by both, except that if the conviction is for a violation
committed after the first conviction of such operator under this
chapter, punishment shall be by a fine of not more than $50,000, or
by imprisonment for not more than five years, or both."
1990 - Subsec. (a). Pub. L. 101-508, Sec. 3102(1), substituted
"$50,000" for "$10,000".
Subsec. (b). Pub. L. 101-508, Sec. 3102(2), substituted "$5,000"
for "1,000".
1977 - Pub. L. 95-164 substituted provisions setting the civil
and criminal penalties with regard to violations of this chapter
for provisions relating to claims of idled miners, which
provisions, as revised, were transferred to section 821 of this
title.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-164 effective 120 days after Nov. 9,
1977, except as otherwise provided, see section 307 of Pub. L. 95-
164, set out as a note under section 801 of this title.
REGULATIONS
Pub. L. 109-236, Sec. 8(b), June 15, 2006, 120 Stat. 501,
provided that: "Not later than December 30, 2006, the Secretary of
Labor shall promulgate final regulations with respect to
penalties."